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Against Order Dated 11.05.2012 Passed ... vs State Of Orissa And Others ... Opp. ... on 12 December, 2012

While working out two-third of the total Councillors the 'fraction' cannot be ignored. As per mandatory provision of Section 54, the number of votes must not be less than two-third. If fraction is ignored then the majority will be less than the requisite number of Councillors required to pass a motion of no confidence. Therefore, fraction should not be ignored. [See judgment of the Hon'ble Supreme Court in the case of State of Uttar Pradesh & Anr. Vs. Pawan Kumar Tiwari & Ors., disposed of on 14 04.01.2005 in Appeal (Civil) No.4079 of 2004; judgment of Andhra Pradesh High Court in Gogineni Koteswara Rao (supra); the judgment of Rajasthan High Court in the case of Chimna Ram (supra); and judgment of Bombay High Court in Ashok Maniklal Harkut (supra)]
Orissa High Court Cites 29 - Cited by 0 - V G Gowda - Full Document

Borige Someswara Rao vs District Collector And Ors. on 20 January, 2005

In Vajja Koteswara Rao v. The Government of A.P., 1979 (1) ALT 65, where the name of the owner of the land said to be acquired was not mentioned in notification under Section 4(1) of the Act and notice under Section 6 of the Act was not issued to such persons before passing award it was held that the acquisition is not invalid but the award passed against such person is invalid.
Andhra HC (Pre-Telangana) Cites 39 - Cited by 1 - Full Document

D.Venkateswaramma vs Government Of Andhra Pradesh And Others on 24 December, 2025

17. By applying the analogy of the decision in Gogineni Koteswara Rao and another (supra 6), the four (04) vacancies exist as on the date of no confidence motion meeting shall be excluded from out of the total number of members. Upon such exclusion, the total number of members that are entitled to vote shall be taken as "19" and two thirds of "19" can carry with the motion for want of confidence, which would come to "13" as per Section 245 of the Act.
Andhra Pradesh High Court - Amravati Cites 14 - Cited by 0 - Full Document
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